2006 Code of Virginia § 19.2-8 - Limitation of prosecutions

19.2-8. Limitation of prosecutions.

A prosecution for a misdemeanor, or any pecuniary fine, forfeiture, penaltyor amercement, shall be commenced within one year next after there was causetherefor, except that a prosecution for petit larceny may be commenced withinfive years, and for an attempt to produce abortion, within two years aftercommission of the offense.

A prosecution for violation of laws governing the placement of children foradoption without a license pursuant to 63.2-1701 shall be commenced withinone year from the date of the filing of the petition for adoption.

A prosecution for making a false statement or representation of a materialfact knowing it to be false or knowingly failing to disclose a material fact,to obtain or increase any benefit or other payment under the VirginiaUnemployment Compensation Act ( 60.2-100 et seq.) shall be commenced withinthree years next after the commission of the offense.

A prosecution for any violation of 10.1-1320, 62.1-44.32 (b), 62.1-194.1,or Article 11 ( 62.1-44.34:14 et seq.) of Chapter 3.1 of Title 62.1 thatinvolves the discharge, dumping or emission of any toxic substance as definedin 32.1-239 shall be commenced within three years next after the commissionof the offense.

Prosecution of Building Code violations under 36-106 shall commence withinone year of discovery of the offense by the owner or by the buildingofficial; provided that such discovery occurs within two years of the date ofinitial occupancy or use after construction of the building or structure, orthe issuance of a certificate of use and occupancy for the building orstructure, whichever is later. However, prosecutions under 36-106 relatingto the maintenance of existing buildings or structures as contained in theUniform Statewide Building Code shall commence within one year of thediscovery of the offense.

Prosecution of any misdemeanor violation of 54.1-111 shall commence withinone year of the discovery of the offense by the complainant, but in no caselater than five years from occurrence of the offense.

Prosecution of nonfelonious offenses which constitute malfeasance in officeshall commence within two years next after the commission of the offense.

Prosecution of any violation of 55-79.87, 55-79.88, 55-79.89, 55-79.90,55-79.93, 55-79.94, 55-79.95, 55-79.103, or any rule adopted under or orderissued pursuant to 55-79.98, shall commence within three years next afterthe commission of the offense.

Prosecution of illegal sales or purchases of wild birds, wild animals andfreshwater fish under 29.1-553 shall commence within three years aftercommission of the offense.

Prosecution of violations under Title 58.1 for offenses involving false orfraudulent statements, documents or returns, or for the offense of willfullyattempting in any manner to evade or defeat any tax or the payment thereof,or for the offense of willfully failing to pay any tax, or willfully failingto make any return at the time or times required by law or regulations shallcommence within three years next after the commission of the offense, unlessa longer period is otherwise prescribed.

Prosecution of violations of subsection A or B of 3.1-796.122 shallcommence within five years of the commission of the offense, exceptviolations regarding agricultural animals shall commence within one year ofthe commission of the offense.

A prosecution for a violation of 18.2-386.1 shall be commenced within fiveyears of the commission of the offense.

A prosecution for any violation of the Campaign Finance Disclosure Act,Chapter 9.3 ( 24.2-945 et seq.) of Title 24.2, shall commence within oneyear of the discovery of the offense but in no case more than three yearsafter the date of the commission of the offense.

A prosecution of a crime that is punishable as a misdemeanor pursuant to theVirginia Computer Crimes Act ( 18.2-152.1 et seq.) shall be commenced beforethe earlier of (i) five years after the commission of the last act in thecourse of conduct constituting a violation of the article or (ii) one yearafter the existence of the illegal act and the identity of the offender arediscovered by the Commonwealth, by the owner, or by anyone else who isdamaged by such violation.

Nothing in this section shall be construed to apply to any person fleeingfrom justice or concealing himself within or without the Commonwealth toavoid arrest or be construed to limit the time within which any prosecutionmay be commenced for desertion of a spouse or child or for neglect or refusalor failure to provide for the support and maintenance of a spouse or child.

(Code 1950, 19.1-8; 1960, c. 366; 1974, c. 466; 1975, c. 495; 1976, cc.114, 620; 1977, c. 108; 1978, c. 730; 1979, c. 243; 1980, c. 496; 1981, c.31; 1984, c. 601; 1987, c. 488; 1990, cc. 575, 976; 1992, cc. 177, 435, 650;1996, c. 484; 1998, c. 566; 1999, c. 620; 2005, cc. 746, 761, 827; 2006, cc.193, 787, 892.)